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A gun charge covers any criminal offence involving the unauthorized possession, trafficking or use of a firearm or weapon in Canada, and these offences are prosecuted aggressively by specialized “guns and gangs” units. If you are facing a firearm charge in Toronto or elsewhere in Ontario, retaining an experienced firearms lawyer as early as possible is critical to protecting your rights and building a strong defence.
Firearm cases often depend on highly specific issues: whether the Crown can prove knowledge and control of the firearm, whether a search or seizure was lawful, how the firearm is classified, and whether the accused had the required licence or authorization. Early review of these issues can significantly affect bail strategy and the defence of the charge.
Igor Vilkhov is the founder and principal lawyer of Vilkhov Law Professional Corporation. He practises criminal defence in Toronto and throughout the GTA, representing clients charged with serious weapons and firearm offences.
In firearm cases, Igor examines the circumstances of the search and seizure, the evidence connecting the accused to the weapon, and whether the Crown can prove possession, knowledge and control beyond a reasonable doubt.
Benson (“Ben”) Wilson is a criminal defence lawyer at Vilkhov Law whose practice focuses exclusively on criminal defence. He represents accused persons throughout the criminal process, including bail, disclosure review, pre-trial proceedings and trial preparation.
In firearm cases, this can include reviewing search warrants, police conduct, possession evidence and potential Charter issues affecting whether evidence can be admitted at trial.
It is a criminal offence to possess a firearm without authorization, to possess a firearm knowing that possession is unauthorized, or to possess a weapon for a dangerous purpose.
Under section 91(1) of the Criminal Code, it is an offence to possess a prohibited, restricted or non-restricted firearm without holding a licence for it and, in the case of a prohibited or restricted firearm, a registration certificate.
Under section 92(1) of the Criminal Code, it is a more serious offence to possess a firearm knowing you do not hold the required licence or registration certificate.
Under section 88(1) of the Criminal Code, it is an offence to carry or possess a weapon, an imitation weapon, a prohibited device, or ammunition for a purpose dangerous to the public peace or for committing an offence.
Section 2 of the Criminal Code defines a weapon broadly as anything used, designed to be used, or intended to be used to cause death or injury, or to threaten or intimidate another person. This covers everything from a pocketknife to a firearm and includes items such as brass knuckles, stun guns, and butterfly knives.
A firearm is any barrelled weapon capable of discharging a shot or bullet that can cause serious bodily injury or death, including any frame or receiver of such a weapon, and anything that can be adapted for use as one.
Firearm offences under the Criminal Code fall into three broad categories: use offences (ranging from careless handling and storage to pointing a firearm or using one to commit an offence), possession offences (including possession for a dangerous purpose, carrying a concealed weapon, and unauthorized possession), and trafficking offences (manufacturing, transferring or offering firearms without authorization under the Firearms Act).
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Most firearm offences in the GTA are hybrid offences, meaning the Crown can proceed either summarily or by indictment depending on the seriousness of the case. The table below sets out the maximum penalties for the most commonly charged firearm offences:
| Offence | Summary Conviction | Indictment |
|---|---|---|
| Unauthorized possession of a firearm (s. 91) | Up to 2 years less a day | Up to 5 years |
| Possession knowing unauthorized (s. 92) | Up to 2 years less a day | Up to 10 years |
| Possession for a dangerous purpose (s. 88) | Up to 2 years less a day | Up to 10 years |
| Carrying a concealed weapon (s. 90) | Up to 2 years less a day | Up to 5 years |
| Possession of a loaded prohibited or restricted firearm (s. 95) | Up to 2 years less a day | Up to 14 years |
| Firearm trafficking | Not available | Up to 10 years |
| Using a firearm to commit an offence (s. 85) | Not available | Up to 14 years |
| Pointing a firearm (s. 87) | Up to 2 years less a day and/or $5,000 fine | Up to 5 years |
| Careless use, storage or handling of a firearm (s. 86) | Up to 2 years (first offence) | Up to 5 years (subsequent offence) |
Not currently. Section 95 previously carried mandatory minimum sentences of three years for a first offence and five years for subsequent offences on indictment. In R. v. Nur, 2015 SCC 15, the Supreme Court of Canada struck down these mandatory minimums as unconstitutional. Bill C-5, in force since November 17, 2022, formally removed them from the Criminal Code. The maximum sentence on indictment was later increased to 14 years, but there is currently no statutory floor: a judge has full discretion within that maximum.
A firearms lawyer helps you navigate every stage of the process, from arrest and bail through to trial, and works to identify weaknesses in the Crown's case, including Charter issues with how a firearm was seized.
If you are arrested, police must advise you of your right to remain silent and your right to retain counsel. Whether you are released or held for a bail hearing depends on the specific offence and your circumstances, including any prior record. If detained, you must be brought to court within 24 hours of arrest or as soon as possible thereafter. Retaining experienced bail counsel early allows work on your release to begin while you are still in custody.
At the bail hearing, your lawyer will propose a bail plan, often involving one or more sureties, and respond to any concerns the Crown raises about flight risk, public safety, or the seriousness of the allegations.
Your lawyer will request full disclosure of the Crown's evidence and begin developing a defence strategy, including reviewing whether your Charter rights were respected during the seizure and arrest. After disclosure is reviewed, a Crown pre-trial (CPT) and, in some cases, a judicial pre-trial (JPT) will take place. If the matter proceeds by indictment, you can elect trial by a provincial court judge, a judge alone in the Superior Court, or a judge and jury.
A firearm conviction can lead to a lengthy period of incarceration, a weapons prohibition order, and a criminal record with consequences for employment, travel, and housing. Using a firearm while committing or attempting to commit another offence increases the penalty substantially, up to a maximum of 14 years.
Choosing the right defence lawyer can make a real difference to how your case unfolds. Clients across Toronto and the GTA choose Vilkhov Law because:
Facing gun charges in Canada is a serious and stressful experience, and you do not have to navigate it alone. A firearms lawyer can help ensure your Charter rights were respected during the seizure and arrest, advise you on your options and available defences, negotiate your release on bail, obtain full disclosure of the Crown's evidence, help you make an informed election of the court, and advocate for you at trial.
Charges: The client was accused of unauthorized possession of a prohibited or restricted firearm. The Crown alleged that our client was found to be in possession of two unauthorized shotguns loaded with shells located within his residence following an officer search of the residence in response to a nearby shooting in the area.
Defence: The defence argued the client's innocence, challenging the legality of the search and the ownership and control of the firearms found at the residence.
Result: Following multiple rounds of negotiations and critical examination of the evidence by the defence, the Crown Attorney recognized that there was no reasonable prospect of conviction. Consequently, the charges against the client were fully withdrawn.
Charges: The client was accused of unauthorized possession of a prohibited or restricted firearm and possession of fentanyl. The Crown alleged that our client was found to be in possession of an unauthorized revolver along with fentanyl within a residence, along with other individuals, following the execution of a search warrant at the residence.
Defence: The defence maintained the client's innocence, arguing that the client lacked knowledge of or control over the items found in the residence and emphasizing the presence of other individuals who could have been responsible.
Result: After extensive negotiations and a thorough review of the evidence, the Crown Attorney concluded that there was no reasonable prospect of conviction. Consequently, the case was withdrawn, and the charges against the client were dismissed.
Charges: The client was accused of using an imitation firearm while committing an indictable offence, along with several counts of robbery and disguise with intent.
Defence: The defence argued that the client was innocent, challenging the identification process and the assumption that the individual in the surveillance footage was the client. We also disputed the claim regarding the possession of the imitation firearm.
Result: Following thorough negotiations and analysis of the evidence, the Crown Attorney concluded that the evidence was insufficient to secure a conviction with reasonable certainty. Therefore, the charges against the client were withdrawn, clearing the client of all accusations.
Charges: Using an imitation firearm while committing an indictable offence, robbery, disguise with intent, and possession of a weapon for a dangerous purpose. The client was accused of robbing several individuals while in possession of a black pellet gun and suspicious clothing, found during a search warrant executed at the client's residence and vehicle.
Defence: The defence contended that the evidence linking the client to the actual crimes was circumstantial and insufficient, particularly questioning the identification of the client as the perpetrator and the intent associated with the possession of the items found.
Result: After multiple rounds of negotiations and review of the case details, the Crown Attorney determined there was not a viable path to a successful prosecution. Consequently, the charges against the client were stayed, meaning no further action would be taken, thus leaving the client without any penalties or ongoing prosecutions.
Charges: The client was accused of possession of an unauthorized firearm, careless storage of a restricted firearm, and possession of a weapon for a dangerous purpose. The Crown alleged that our client was in possession of a firearm within a residence that was not her own following the execution of a search warrant at the residence. The defence position was that the client was innocent.
Defence: The defence argued the client's innocence, emphasizing that the client did not reside at or have control over the premises where the firearm was found. They challenged the evidence pointing to the client's ownership or direct connection with the firearm.
Result: After several rounds of negotiations and detailed scrutiny of the legal and factual aspects of the case, the Crown Attorney concluded that there was no reasonable prospect of securing a conviction. As a result, all charges against the client were withdrawn, effectively clearing the client of the alleged offences.
Canadian law permits self-defence, but the force used must be reasonable in the circumstances. Using a firearm in self-defence can still lead to charges, and the reasonableness of the response is assessed on the specific facts of the incident.
Carrying a concealed weapon without lawful authorization is an offence under section 90 of the Criminal Code, punishable by up to 5 years on indictment.
Consequences can include imprisonment, a weapons prohibition order, and a permanent criminal record affecting employment, travel, and housing. The specific outcome depends heavily on the offence charged and the facts of the case.
It depends on the specific offence and whether the Crown proceeds summarily or by indictment. Maximum sentences range from 5 years for simple unauthorized possession up to 14 years for possession of a loaded prohibited or restricted firearm, with no mandatory minimum currently in force.
Only the Crown can withdraw a charge once it has been laid. This can occur when the Crown concludes there is no reasonable prospect of conviction, often following a successful Charter challenge to the search or a gap in the evidence linking the accused to the firearm.
Exercise your right to remain silent, do not discuss the allegations with anyone other than your lawyer, and contact an experienced firearms lawyer as soon as possible so they can begin preparing for your bail hearing.
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